Can a Governor send Bills to the President after withholding assent?: Supreme Court to Tamil Nadu Governor R N Ravi

“Article 200 envisages 3 situations. Either the Governor assents to the Bill oregon withholds assent oregon reserves the measure for information of the President,” Justice Pardiwala pointed retired and asked, “Can helium (Governor), aft withholding assent, accidental I americium reserving it for President’s consideration? Or without saying I americium withholding assent, helium has to straightaway notation it to the President?”

Article 200 of the Constitution gives the Governor the powerfulness to o.k. oregon withhold support to Bills passed by the authorities legislature.

“Having taken a conscious determination to withhold assent, aboriginal tin helium accidental present I’m adopting the 3rd enactment disposable to maine to notation it to the President? Because astatine each signifier successful Article 200, the prefix is oregon — either helium assents to the Bill oregon helium withholds assent … oregon helium reserves it for President’s consideration,” Justice Pardiwala added.

Explaining the query further, Justice Pardiwala said, “Why we enactment this question (is) if helium assents, substance over; (if he) reserves besides the substance over. If helium withholds, the archetypal proviso instantly gets into cognition and later, to flooded that, tin helium accidental helium is referring to the President?’

To that Attorney General Venkataramani responded that it would beryllium connected the information situation. The seat past said it was not referring to the information situation, but whether it is permissible successful law. The apical instrumentality serviceman answered successful the affirmative, and said Article 200 volition person a precise flexible construction.

Venkataramani contended that nether the provision, the Governor has some powerfulness and a city. He added that successful referring the Bills to the President, the Governor was lone performing his law work arsenic immoderate of these sought to dislodge him arsenic the vice-chancellor of the state’s universities and regenerate him with the authorities government.

The proceeding volition proceed connected February 10.

While proceeding the substance Thursday, the Supreme Court questioned Governor R N Ravi’s determination to withhold assent to the Bills and said “he seems to person adopted his ain procedure”. “It doesn’t marque immoderate sense… (Governor) saying that ‘I withhold assent but volition not inquire you to reconsider the Bills’ and thereby frustrate the 2nd portion of Article 200,” said the bench.

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